IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF MARCH, 2019 PRESENT THE HON’BLE MR.L.NARAYANA SWAMY, ACTING CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE P.S.DINESH KUMAR WRIT APPEAL NOS.3165-3169 OF 2018 AND WRIT APPEAL NOS.3261-3320 OF 2018 (LB-BMP) BETWEEN:
1. M/S. POPULAR ADVERTISERS A PROPRIETARY BUSINESS CONCERN IN OUTDOOR ADVERTISEMENT AGENCY HAVING ITS OFFICE AT NO.400 ROYAL CORNER NO.1 & 2 LALBAGH ROAD, BENGALURU – 560 027 REPRESENTED BY ITS PROPRIETOR SRI MANMOHAN SINGH MAAN 2. M/S. THE BANGALORE OUTDOORS A PROPRIETARY BUSINESS CONCERN IN OUTDOOR ADVERTISEMENT AGENCY HAVING ITS OFFICE AT NO.32 AECS LAYOUT, 2ND STAGE, 2ND CROSS SANJAYANAGAR, RMV 2ND STAGE BENGALURU – 560 094 REPRESENTED BY ITS PROPRIETOR SRI MANMOHAN SINGH MAAN 3. M/S. PRACHAR OUTDOOR ADVERTISING A PROPRIETARY BUSINESS CONCERN IN OUTDOOR ADVERTISEMENT AGENCY HAVING ITS OFFICE AT NO.400 ROYAL CORNER NO.1 & 2 LALBAGH ROAD, BENGALURU – 560 027 REPRESENTED BY ITS PROPRIETOR SRI MANMOHAN SINGH MAAN 4. M/S. SAGAR MARKETING CORPORLATION A PROPRIETARY BUSINESS CONCERN IN OUTDOOR ADVERTISEMENT AGENCY HAVING ITS OFFICE AT NO.400 ROYAL CORNER NO.1 & 2 LALBAGH ROAD, BENGALURU – 560 027 REPRESENTED BY ITS PROPRIETOR SRI MANMOHAN SINGH MAAN 5. M/S. SHRI POOJA MARKETING A PROPRIETARY BUSINESS CONCERN IN OUTDOOR ADVERTISEMENT AGENCY HAVING ITS OFFICE AT NO.400 ROYAL CORNER NO.1 & 2 LALBAGH ROAD, BENGALURU – 560 027 REPRESENTED BY ITS PROPRIETOR SRI MANMOHAN SINGH MAAN 6. M/S. SHRI LAKSHMI MARKETING A PROPRIETARY BUSINESS CONCERN IN OUTDOOR ADVERTISEMENT AGENCY HAVING ITS OFFICE AT NO.400 ROYAL CORNER NO.1 & 2 LALBAGH ROAD, BENGALURU – 560 027 REPRESENTED BY ITS PROPRIETOR SRI MANMOHAN SINGH MAAN 7. M/S. GALAXY MARKETING AND SALES CO. A PROPRIETARY BUSINESS CONCERN IN OUTDOOR ADVERTISEMENT AGENCY HAVING ITS OFFICE AT NO.400 ROYAL CORNER NO.1 & 2 LALBAGH ROAD, BENGALURU – 560 027 REPRESENTED BY ITS PROPRIETOR SRI MANMOHAN SINGH MAAN 8. M/S. SHRI SAI MARKETING A PROPRIETARY BUSINESS CONCERN IN OUTDOOR ADVERTISEMENT AGENCY HAVING ITS OFFICE AT NO.400 ROYAL CORNER NO.1 & 2 LALBAGH ROAD, BENGALURU – 560 027 REPRESENTED BY ITS PROPRIETOR SRI MANMOHAN SINGH MAAN 9. M/S. SFX OUTDOOR MEDIA A PROPRIETARY BUSINESS CONCERN IN OUTDOOR ADVERTISEMENT AGENCY HAVING ITS OFFICE AT NO.400 ROYAL CORNER NO.1 & 2 LALBAGH ROAD, BENGALURU – 560 027 REPRESENTED BY ITS PROPRIETOR SRI MANMOHAN SINGH MAAN ... APPELLANTS (BY SRI.JAYAKUMAR S. PATIL, SENIOR ADVOCATE FOR SRI.V.B.SHIVAKUMAR, ADVOCATE) AND:
1. STATE OF KARNATAKA VIDHANA SOUDHA VIDHANA VEEDHI BENGALURU – 560 001 REPRESENTED BY ITS SECRETARY 2. BRUHAT BENGALURU MAHANAGARA PALIKE CORPORATION OFFICES N.R.SQUARE, J.C.ROAD BENGALURU – 560 002 REPRESENTED BY ITS COMMISSIONER 3. THE JOINT COMMISSIONER WEST ZONE BRUHAT BENGALURU MAHANAGARA PALIKE BENGALURU – 560 003 4. THE JOINT COMMISSIONER T DASARAHALLI ZONE BRUHAT BENGALURU MAHANAGARA PALIKE BENGALURU 5. THE ADDITIONAL COMMISSIONER SOUTH ZONE BRUHAT BENGALURU MAHANAGARA PALIKE BENGALURU 6. THE ADDITIONAL COMMISSIONER BOMANAHALLI ZONE BRUHAT BENGALURU MAHANAGARA PALIKE BENGALURU – 560 068 7. THE ADDITIONAL COMMISSIONER EAST ZONE BRUHAT BENGALURU MAHANAGARA PALIKE BENGALURU – 560 001 8. THE JOINT COMMISSIONER YELHANKA ZONE BRUHAT BENGALURU MAHANAGARA PALIKE BENGALURU 9. THE ADDITIONAL COMMISSIONER MAHADEVAPURA ZONE BRUHAT BENGALURU MAHANAGARA PALIKE BENGALURU – 560 034 10.BENGALURU ELECTRICITY SUPPLY COMPANY (BESCOM) REPRESENTED BY ITS MANAGING DIRECTOR K.R.CIRCLE, AMBEDKAR VEEDHI BENGALURU – 560 001 ... RESPONDENTS (SRI.S.S.MAHENDRA, AGA FOR RESPONDENT NO.1 SRI. V.SREENIDHI, ADVOCATE FOR RESPONDENT NOS.2 TO 9) ---
THESE WRIT APPEALS ARE FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT OF PRAYING TO SET ASIDE THE ORDER OF THE HON’BLE SINGLE JUDGE DATED 09.10.2018 PASSED IN W.P.NOS.41315-41379/2018 (LB-BMP) AND GRANT THE INTERIM ORDER AS PRAYED FOR IN W.P.NOS.41315- 41379/2018 (LB-BMP) PENDING DISPOSAL OF THE SAID WRIT PETITION AND ETC.
THESE APPEALS COMING ON FOR PRELIMINARY HEARING THIS DAY, P.S.DINESH KUMAR J., DELIVERED THE FOLLOWING:
JUDGMENT We have heard Shri Jayakumar S.Patil, learned Senior Advocate for the appellants, Shri.V.Sreenidhi, learned advocate for the Bruhat Bengaluru Mahanagara Palike and Shri S.S.Mahendra, learned Additional Government Advocate for the State.
2. The Hon’ble Single Judge, by the impugned order, has directed that file be consigned to record with liberty to apply for listing after disposal of a public interest litigation, which is pending adjudication before the Division Bench.
3. Shri Jayakumar S.Patil, learned Senior Advocate placing reliance on the order dated 30.10.2018 in Writ Appeal No.2829/2018 submits that the Division Bench of this Court has allowed the writ appeal and directed consideration of the writ petition by the Hon’ble Single Judge. This position is not disputed by Shri V.Sreenidhi, learned advocate for the BBMP.
4. Hence, following the said aforesaid order we allow these appeals, set aside the impugned order and keep open all contentions to be urged before the Hon’ble Single Judge.
5. In view of disposal of these appeals, the pending interlocutory application does not survives and it is also disposed.
Sd/-
ACTING CHIEF JUSTICE Sd/- JUDGE AHB